Two federal judges declined invitations to testify before the Senate Judiciary Committee at a hearing scheduled this week titled “Impeachment: Holding Rogue Judges Accountable.”

U.S. District Judge James Boasberg and U.S. District Judge Deborah Boardman both informed the committee they would not appear.

Judge Boasberg, appointed during the Obama administration, has been the subject of criticism from Republican lawmakers following his ruling that blocked the administration’s attempt to deport Venezuelan nationals under the wartime Alien Enemies Act (AEA).

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The administration sought to remove individuals linked to the Venezuelan group Tren de Aragua.

In his ruling, Boasberg found that the mass deportation effort lacked due process, citing the absence of precedent for invoking the AEA against illegal immigrants during peacetime.

Boasberg has also faced scrutiny regarding the FBI’s Arctic Frost operation.

The operation involved subpoenas for phone records and other data affecting Republican senators and GOP lawmakers who were examining 2020 election matters.

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Boasberg approved related legal processes, including the use of gag orders.

In a statement posted on X, commentator Mike Benz outlined several charges he said could be considered by Attorney General Pam Bondi in connection to Boasberg’s role in Arctic Frost.

One charge listed was “Deprivation of Rights Under Color of Law (18 U.S.C. § 242),” with the allegation that issuing a gag order deprived senators of notification required under 2 U.S.C. § 6628 regarding legal requests for Senate data.

The statement asserted this raised issues involving the Speech or Debate Clause and separation of powers provisions.

Here are 3 criminal charges Pam Bondi could immediately arrest Judge Boasberg for over the Arctic Frost scandal. The third criminal charge would arrest Jack Smith as co-conspirator with Judge Boasberg. https://t.co/n1BX86FPv8 pic.twitter.com/5tNu2wfKhV

— Mike Benz (@MikeBenzCyber) November 1, 2025

Judge Boardman, based in Maryland, issued a nationwide injunction in August 2025 blocking the administration’s order addressing birthright citizenship.

The injunction halted implementation of a directive that sought to change automatic citizenship for children of illegal immigrants.

In September, President Trump asked the U.S. Supreme Court to take up the matter.

“The Trump administration asked the Supreme Court on Friday to review the constitutionality of President Donald Trump’s executive order seeking to end birthright citizenship, pushing the issue back before the justices for the second time this year,” CNN reported. DOJ Solicitor General John Sauer wrote in the appeal, “The lower court’s decisions invalidated a policy of prime importance to the president and his administration in a manner that undermines our border security. Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people.”

Former DOJ official Tom Dupree commented on the situation in remarks reported by the Tampa Free Press.

Dupree told Fox News Live, “I can promise you that the last thing in the world they would want to do… is answering questions under oath from United States Senators.”

The Senate Judiciary Committee hearing is proceeding without testimony from either judge.

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